Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 115 (2026)

Dissolution of attachment upon exhaustion of appellate review

✓ current as of July 2026

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Section 115. If the judgment in a civil action is for the defendant, the attachment shall be dissolved upon the exhaustion of all possible appellate review of such judgment if it is upheld.

The provisions of this section shall apply to property attached upon a counterclaim when judgment is rendered for the plaintiff upon such counterclaim.

Notes of Decisions

Cited in 4 cases, 1930–1990 · leading case: Wood v. Wood, 342 N.E.2d 712 (Mass. 1976).

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Wood v. Wood, 342 N.E.2d 712 (Mass. 1976). “We agree with the defendant that G. L. c. 223, § 115, does not apply to Probate Courts, but G.”

Boston Edison Co. v. Brookline Realty & Inv. Corp., 405 N.E.2d 995 (Mass. App. Ct. 1980). “G. L. c. 223, § 115, as amended by St. 1975, c.”

Magaw v. Beals, 172 N.E. 347 (Mass. 1930). “G. L. c. 223, § 115. Titcomb v. Bay State Grocery Co.”

Artec, Inc. v. Wang, 1990 Mass. App. Div. 61 (Mass. Dist. Ct., App. Div. 1990). “G.L. c. 223, §115. Although the plaintiff's attachment is against the husband on property held by the husband and wife as tenants-by-the entirety, it is a valid attachment.”

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